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  5. 674 F.2d 209 (1982)
 

SKIPPY, INC. v. CPC INTERN., INC.

Nos. 81-1043, 81-1044.

674 F.2d 209 (1982)

SKIPPY, INC., Appellant, v. CPC INTERNATIONAL, INC., Appellee. SKIPPY, INC., Appellee, v. CPC INTERNATIONAL, INC. Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1982.

Rehearing and Rehearing Denied May 3, 1982.

Attorney(s) appearing for the Case

Stephen M. Trattner, Washington, D. C. (Thomas B. Shull, J. Michael Cleary, Brylawski & Cleary, Washington, D. C., on brief), for appellant/cross-appellee.

Wm. Mack Webner, Arlington, Va. (Littlepage & Webner, Brian P. Gettings, Harvey B. Cohen, Arlington, Va., Joanne F. Alper, Washington, D. C., Cohen, Gettings & Sher, Arlington, Va., on brief), for appellee/cross-appellant.

Before BUTZNER, WIDENER and CHAPMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 3, 1982.

CHAPMAN, Circuit Judge:

This appeal and cross appeal are from a trademark infringement and unfair competition suit in which the plaintiff charged the defendant with infringement of its Skippy trademark. Defendant cross-claimed for damages for breach of contract and certain declaratory and injunctive relief based on its rights in the Skippy trademark. The district court granted defendant partial...

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